Laws that 49/50 US states have.

April 20, 2011 11:45 AM

What are some laws that exactly 49 out of the 50 US states have on the books?

I noticed that every state except for Mississippi has a law against actually drinking alcohol while driving (in MS it is legal as long as you don't get drunk). It got me wondering, do you guys know of other laws that every state has except for one?

posted by EnormousTalkingOnion to Law & Government (42 answers total)

Absolute laws against prostitution. Nevada is the only exception, but this has to be heavily qualified:

Nevada is the only U.S. state to allow some legal prostitution, in the form of heavily regulated brothels. Prostitution outside these licensed brothels remains illegal throughout the state, as in the rest of the United States.

The brothels are situated in isolated rural areas, and the vast majority of Nevada's population lives in counties where all forms of prostitution are illegal, namely Clark [which contains Las Vegas], Washoe, Douglas, and Lincoln counties, and Carson City (a consolidated city-county). The other counties allow brothels, but some of these counties currently have no active brothels (brothels are in operation in only 8 counties); as of June/July 2008 there were 28 legal brothels in Nevada.

Emphasis added.
posted by John Cohen at 11:52 AM on April 20, 2011 [1 favorite]

I think up until fairly recently New York was the only state that did not allow no-fault divorces.

Also, I vaguely remember that one of the Carolinas (I think?) was the only state that maintained a type of archaic property inheritance. Hopefully, someone may remember the specifics of what I am talking about and fill in the details (or tell me I am full of it).
posted by Falconetti at 11:54 AM on April 20, 2011

I'm pretty sure physician-assisted suicide is illegal in every state except for Oregon.
posted by BobbyVan at 11:56 AM on April 20, 2011

Physician assisted suicide is also legal in Montana and Washington State.
posted by j1950 at 11:58 AM on April 20, 2011 [1 favorite]

It's not quite a law, but every state except California has adopted some version of the ABA Model Rules of Professional Conduct.
posted by jedicus at 11:58 AM on April 20, 2011

Worth noting that cockfighting just became illegal in its 50th state (Louisiana) recently, but is still legal in several US-governed commonwealths and territories (Puerto Rico, USVI, etc.).
posted by j1950 at 11:59 AM on April 20, 2011

Damn, missed by that much. I thought New Jersey was the only state that banned self-service gas, but apparently Oregon does as well. Would you settle for 48/50?
posted by Naberius at 12:02 PM on April 20, 2011

Don't know if this is exactly what you're looking for, but many aspects of Louisiana law are different from the rest of the US due to its history as a French (and then Spanish) colony. IANAL so I couldn't really tell you the most significant differences.
posted by theodolite at 12:03 PM on April 20, 2011 [2 favorites]

Also, I vaguely remember that one of the Carolinas (I think?) was the only state that maintained a type of archaic property inheritance. Hopefully, someone may remember the specifics of what I am talking about and fill in the details (or tell me I am full of it).

You may be thinking of Louisiana and the law of usufruct, a product of Louisiana's hybrid common law / civil law heritage. More on usufruct from Wikipedia.
posted by jedicus at 12:04 PM on April 20, 2011

If you're willing to accept a "used to be," for a rather long time all of the governors except NC's had the veto.
posted by ROU_Xenophobe at 12:04 PM on April 20, 2011

Voter registration - required in every state except North Dakota. You can go to polling stations with naught but a utility bill and vote away!
posted by geekchic at 12:13 PM on April 20, 2011

Alabama has a notorious constitution which heavily centralizes power over even mundane local matters to the capitol in Montgomery. It's also famous for containing discriminatory sections which have long since been overturned by federal law. There's a growing reform movement in the state to tackle this issue, which comes up often in state elections.
posted by caveatz at 12:14 PM on April 20, 2011

Falconetti: "I think up until fairly recently New York was the only state that did not allow no-fault divorces."

This is correct. (The linked article says "one of the last," but NY was definitely the last.)

Also, Falconetti, I believe you are thinking of Louisiana's forced heirship laws, which are a relic of the state's civil law traditions inherited from France.
posted by Conrad Cornelius o'Donald o'Dell at 12:21 PM on April 20, 2011

Mississippi is the only state with a blanket prohibition on class action lawsuits.

And a few more hits from court cases decided since 2005:

California is the only state to have regulated new motor vehicle emissions prior to March 30, 1966, and so is the only state that may apply to EPA for a grant of waiver of preemption.

New Mexico is the only state in which polygraph evidence is admissible without significant restriction in criminal trials, even absent a stipulation between the parties.

Alaska is the only state with a general "loser pays" rule for attorney's fees in most civil litigation.
posted by jedicus at 12:24 PM on April 20, 2011

Do any states besides New York allow women to go topless?
posted by nicwolff at 12:24 PM on April 20, 2011

Wisconsin is the only state where a first offense drunk driving is not a crime.
posted by greasy_skillet at 12:25 PM on April 20, 2011

"As of 2011, Virginia is the only state in the U.S. in which governors cannot serve consecutive terms." Governor of Virginia. VA does allow non-consecutive terms, however.

Virginia is also the only state that bans radar detectors in cars (some states ban them in commercial vehicles), however DC and military bases also ban them.
posted by skynxnex at 12:26 PM on April 20, 2011

It's not current law, but until 1996, the governor of North Carolina did have veto power.
posted by Bulgaroktonos at 12:28 PM on April 20, 2011

I think Arizona is the only state to not observe Daylight Savings Time.
posted by Melismata at 12:30 PM on April 20, 2011

I think Arizona is the only state to not observe Daylight Savings Time.

Hawaii doesn't either.
posted by jedicus at 12:33 PM on April 20, 2011

Pennsylvania is the only state that allows drilling wastewater to be disposed of in rivers. It is also the only state that allows live pigeon-shoots.
Vermont is not required to have a balanced budget.
Montana is the only state that recognizes double-proxy marriages.
posted by specialagentwebb at 12:36 PM on April 20, 2011

I'm pretty sure Oregon is the only state that has all mail-in elections.

Do any states besides New York allow women to go topless?

It was legal in Ohio for women to go topless (woohoo!).
posted by Mister Fabulous at 12:38 PM on April 20, 2011

Every state except Montana has at-will employment. (A bit of an oversimplification; various states allow various exceptions, and even in Montana employment is at will during an initial probationary period.)
posted by DevilsAdvocate at 12:39 PM on April 20, 2011 [1 favorite]

Lane splitting on a motorcycle is illegal in every state but California.
posted by mollymayhem at 12:41 PM on April 20, 2011 [4 favorites]

I think Arizona is the only state to not observe Daylight Savings Time.

Hawaii doesn't either.

Don't even ask about Indiana.
posted by madmethods at 1:00 PM on April 20, 2011

North Dakota has a statewide ban on parking meters. I'm not sure whether any other states have such a law.
posted by SomePerlGeek at 1:04 PM on April 20, 2011

(See, "50 State Surveys")
posted by GPF at 1:10 PM on April 20, 2011 [1 favorite]

If you don't count DC as a state, Hawaii is the only state that doesn't have a Move Over law.
posted by babbageboole at 1:59 PM on April 20, 2011

Greg Nog: I believe New Hampshire is the only state without a law requiring adults to wear seat belts in cars.

South Dakota allows non-front-seat adult passengers to not wear seat belts.
posted by 47triple2 at 2:25 PM on April 20, 2011

Do any states besides New York allow women to go topless?

It's legal in Maine, too.
posted by Stephanie Duy at 2:27 PM on April 20, 2011

In Nebraska, you have to be 19 to marry without parental consent, while in every other state the age of majority is 18.
posted by CharlieSue at 2:30 PM on April 20, 2011

Also, Wyoming is the only state to not have any legislation on its books addressing Hate Crimes.
posted by CharlieSue at 2:34 PM on April 20, 2011

Nebraska is the only state with a unicameral legislature.
posted by andoatnp at 3:12 PM on April 20, 2011

Nevada is the only state that has full service sports books in casinos (whether tribal affiliated or not).
posted by AMSBoethius at 4:30 PM on April 20, 2011

Article 2 of the Uniform Commercial Code (Sales) has been enacted everywhere but Louisiana.
posted by holterbarbour at 4:54 PM on April 20, 2011

Pennsylvania has some crazy liquor laws, including being the only state where you have to be 21 to buy non-alcoholic beers
posted by jabes at 5:11 PM on April 20, 2011

Vermont is the only state that doesn't have a law or constitutional amendment requiring a balanced budget.

South Carolina had that silly airplane bottles of hard liquor law until recently.
posted by Xalf at 6:16 PM on April 20, 2011

Tennessee is the only state with a statute prohibiting transgender people from changing the sex designation on their birth certificates.
posted by southern_sky at 7:32 PM on April 20, 2011

North Dakota has a statewide ban on parking meters. I'm not sure whether any other states have such a law.

Do you have a citation for this? I live in North Dakota (and can confirm the no voter registration thing!) and my employer--the state of North Dakota--has parking meters at my location. I can take a picture of them tomorrow if you'd like.
posted by librarylis at 8:14 PM on April 20, 2011

In Nebraska, you have to be 19 to marry without parental consent, while in every other state the age of majority is 18.

Almost but not quite. The age of majority is also 19 in Alabama and is 21 in Mississippi. Not sure about marriage laws in these states, but I am positive about the age of majority in these two states.
posted by BenS at 9:37 PM on April 20, 2011

Alabama has a notorious constitution which heavily centralizes power over even mundane local matters to the capitol in Montgomery. It's also famous for containing discriminatory sections which have long since been overturned by federal law. There's a growing reform movement in the state to tackle this issue, which comes up often in state elections.

This is true. It is also the longest constitution of any government in the world... by far. The reform movement has been around for as long as I can remember and at the moment, some legislators are trying to get some of the racist language removed. Last time they attempted to remove this language, Roy Moore was running as a state Supreme Court justice (10 commandments guy) and he falsely claimed that the bill would raise taxes in order to get his supporters to vote. It worked, and the bill didn't pass (NOTE: the last part is all from memory so may not be 100% accurate. It's pretty close at least though).
posted by BenS at 9:45 PM on April 20, 2011

Pennsylvania has some crazy liquor laws, including being the only state where you have to be 21 to buy non-alcoholic beers

You also have to be 21 to buy non-alcoholic beer in Oklahoma. I'm afraid crazy liquor laws are not limited to Pennsylvania.
posted by Quonab at 11:41 AM on April 21, 2011